This long list of legislation seems to in dicate that the basic principle is accepted now throughout the civilized world. It represents a victory of the economic and social considerations of need over the purely legal considerations of personal fault and responsibility.
Though based upon the same general prin ciple, the numerous compensation acts present a very great variety of provisions. The special features of the American compensation legisla tion will be referred to presently, and in view of the very large number of compensation acts, only the most important European acts need to be compared here.
Though the elimination of the principle of fault lies at the very bottom of all compensation legislation, in several acts vestiges of the con cept still remain, as for instance in the excep tion of accidents due to wilful misconduct (Great Britain) or even gross negligence (Den mark, Russia, Sweden, ttc.). In some acts (Great Britain) compensation is limited to acci dents arising 'out of employment° but the pre vailing tendency is to cover all accidental in juries sustained during employment (Germany. Austria, Hungary, France, Italy), so as to avoid all unnecessary enquiry and controversy.
In comparatively few countries have all em ployees been covered. During the early history, when compensation was still considered an ex periment, it was limited to specified groups of industries and wageworkers; and while in most countries by subsequent amendments the appli cation of acts was rapidly extended, Germany and Great Britain are perhaps the only ones in which the acts are almost universal. Agricul tural laborers are still outside of the compen sation acts in most countries, and office and clerical employees and even all commercial es tahlishments are excluded in most European Within the recent years, with better study of occupational hygiene, the danger of vocational diseases (such as poisons, etc.) has attracted a great deal of attention. The British and the Swiss acts are, however, the only ones which in clude such occupational diseases under compen sation. In the other acts the fact of sudden occurrence of the injury through an accident n:ust be established, and the entire branch of legislation is still known as accident compen sation Next to the elimination of the question of fault, the specific benefit scale is a fundamental feature of the compensation system, a benefit scale which admittedly grants a limited and not full compensation for losses sustained. One method of limitation is the waiting period which leaves minor accidents entirely without money compensation. This waiting period varies be tween two days (in the Netherlands). or three days (in Austria-Hungary), or none in Italy and Spain, to 13 weeks in Denmark or Germany.
In four countries, however, all accidents are treated and compensated out of the com pulsory sickness insurance system (13 weeks in Germany and Russia, 10 weeks in Hungary and four weeks in Austria). The general method of compensation is a weekly benefit in propor tion to the usual earnings of the injured person, the proportion varying between 50 per cent and 66ii per cent, though scales up to 80per cent are occasionally met. This method of weekly compensation during the time of disability is considered preferable to a lump sum usually payable as a result of litigation under liability laws, because it is better adapted to the normal conditions of a wageworker's existence and pre vents the squandering of the indemnity either in unwise living or unwise investment.
The compensation of partial disability, which often is permanent in character, raises many complicated problems. The economic consequences of such injuries are a decrease in earnings rather than total disability. The German method followed by many acts is to grant a permanent pension commensurate with the degree of loss of earning capacity. This is admitted, however, to develop undesirable consequences; a very large number of per sous drawing very slight pensions, a desire to retain this small pension by constant ex aggeration of insignificant injuries, and a com mutation of small pensions to lump sums finds many advocates.
Still more complicated is the compensation for fatal accidents. Here many different methods are found, front lump sums to life pensions. The latter method is recognized as preferable, and the pension in proportion to the wages is adjusted to the number of sur viving dependents. The latter includes the widow and orphans under a certain specified age (from 14 to 18 in various acts) and some times other relatives, parents, brothers, grand children. The socially adequate way is to com pensate the widow till death or remarriage; in the latter case a small lump sum is offered as a dowry so as to counteract the unfavorable influence of discontinuance of pension upon the frequency of remarriage. Some laws, how ever (and this includes the British Act and acts of most Britsh colonies) place definite money limits on the total amount of com pensation for fatal accidents. It is evident, therefore. that the entire subject of compen sation for industrial injuries is still in a pnmi tive stage even in Europe. Up to the begin ning of the European War there was a con stant and growing stream of legislation by means of which compensation systems were being gradually extended and improved.